🇮🇱🎗️BurkinabéOperator🎗️ 2025-11-18 12:54 a.m.ORDER: Defendant's Motion to Dismiss for Failure to State a Claim is GRANTED; accordingly, it is hereby ORDERED that all claims are dismissed with prejudice, and it is further ORDERED, ADJUDGED, AND DECREED that the search of Plaintiff's commercial vehicle was a lawful administrative inspection conducted pursuant to the statutory authority granted by 6 M.S.C. 4 §§ 2201-2202; that the search falls squarely within the Administrative Search Exception to the warrant requirement as recognized in New York v. Burger, 482 U.S. 691 (1987); that the Plaintiff failed to plausibly allege that the Defendant's conduct, including the minimum use of force to gain entry, was wholly outside the statutory frameworks or constitutional bounds; that the Plaintiff's Complaint fails to state a plausible claim for unlawful search and seizure under 5 M.S.C. 1 § 3101.5; and that the Defendant RobertRosenthal is entitled to Qualified Immunity because no clearly established law prohibited his actions.
It is further ORDERED that the Plaintiff's second claim for relief, Trespass to Chattels, is dismissed because the search was lawful, thereby negating the essential element of unauthorized interference.
IT IS SO ORDERED.
Signed by Magistrate Judge 40qh
Entered 11/18/2025